Terms & Conditions

This Service Agreement (“Agreement”) constitutes a binding contract between you (“Customer”, “User”, or “you”) and ASAP Plumbing (“we”, “our”, “us” or “ASAP”) and establishes the terms for your access to and utilization of our website available at https://asapplumbingaz.com/ (the “Website”) along with all content, information, tools, features, media, and resources (collectively, “Content”) that we provide through any section of the Website.

PLEASE REVIEW THIS AGREEMENT THOROUGHLY PRIOR TO ACCESSING THE WEBSITE. BY USING THE WEBSITE AND/OR CONTENT, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREE TO THIS AGREEMENT. YOU MAY NOT ACCESS THE WEBSITE IF YOU DISAGREE WITH THIS AGREEMENT.

IMPORTANT: THIS AGREEMENT INCLUDES PROVISIONS FOR DISPUTE RESOLUTION THROUGH ARBITRATION, INCLUDING A WAIVER OF CLASS ACTIONS THAT IMPACTS YOUR LEGAL RIGHTS UNDER THIS AGREEMENT AND REGARDING ANY DISPUTES WITH ASAP. YOU HAVE THE OPTION TO DECLINE THE BINDING ARBITRATION AND CLASS ACTION WAIVER AS DETAILED BELOW.

MODIFICATIONS TO AGREEMENT

We reserve the right to modify the Content and may elect to alter, pause, or terminate any feature or the entirety of the Website without prior notification. Additionally, we may revise, amend, supplement, or delete provisions within this Agreement periodically. Any modifications become effective immediately upon publication on the Website.

Should you disagree with any modifications, your exclusive remedy is to discontinue Website usage. Continuing to access the Website after modifications are posted signifies your acceptance of and agreement to the revised terms. Please note that this Agreement may be replaced by specifically identified legal provisions or conditions on certain Website pages or partner sites. Such specifically identified provisions become part of this Agreement and take precedence over any conflicting sections they are meant to replace.

PERMITTED USAGE

By accessing the Website, you confirm that you have reached 18 years of age. If you are younger than 18 years (a “Minor”), you must have parental or guardian consent and supervision to access the Website and accept this Agreement. Parents or legal guardians of Minors agree to ensure Minor compliance with this Agreement and accept full responsibility for any Minor violations. Users under 13 years of age are strictly prohibited from accessing the Website.

Through this Agreement, we provide you with a restricted, individual, non-transferable, and non-exclusive authorization to access, utilize, and view the Content on the Website solely for personal, non-business purposes; this authorization depends on your adherence to this Agreement. You may not share, display publicly, perform publicly, or otherwise utilize the Content beyond the Website. You possess no additional rights to the Website or Content and may not alter, modify, replicate, reproduce, develop derivative versions, reverse engineer, change, improve, or exploit the Website or Content in any way. If you create copies of Content, please maintain all copyright and proprietary markings as displayed on the Website.

Please be aware that violating any aspect of this Agreement will result in immediate termination of your access authorization, requiring you to destroy any downloaded or printed Content (including all copies).

WEBSITE ACCESS REQUIREMENTS

You bear responsibility for following this Agreement during your Website access and usage. You must secure and maintain all hardware and services required for Website access and usage, including payment of associated fees.

DIGITAL COMMUNICATIONS

By accessing the Website (or any section), you agree to receive digital communications from us (including text messages if you opt in) and from other Website users. These digital communications may encompass fee notifications, transaction details, and other Website-related information. Such communications form part of your relationship with us. You acknowledge that digital communications from us fulfill legal requirements for written communications. Standard carrier fees may apply to text messages, for which you are solely responsible.

ASAP Plumbing Text Messaging Terms

Service Description: Upon enrollment, you will receive text messages (SMS/MMS) at your mobile number. Messages may include quote responses, service estimates, real-time communications regarding our services and pricing, appointment scheduling and reminders, feedback solicitations, project status updates, and follow-up communications.
Message Frequency: You may receive up to five messages monthly.
1. Service Interruptions: Mobile carriers, including AT&T, bear no responsibility for message delays or delivery failures.
Charges: Standard message and data fees from your carrier may apply to messages exchanged between us. Please consult your mobile carrier regarding your messaging and data plans.
Assistance: For support, reply “HELP” to any message. Alternatively, visit https://asapplumbingaz.com/contact for assistance.
Cancellation: You may cancel text messaging anytime by texting “STOP” to our number. We will send a confirmation of your cancellation. After cancellation, you will no longer receive our text messages. To re-enroll, sign up again or text “START” to resume messaging.

PRIVACY PRACTICES

We value the information you share and want transparency regarding our data practices. Please review our Privacy Policy at https://asapplumbingaz.com/privacy-policy, which details our information handling procedures.

EXTERNAL WEBSITE LINKS

For your convenience, we may include links to external websites on our Website. Using these links will redirect you away from our Website. We don’t review external websites, don’t control them, and bear no responsibility for external websites or their offerings. Therefore, unless explicitly stated, we don’t endorse external websites, their content, software, offerings, or outcomes from their usage. Accessing external websites linked from our Website occurs entirely at your own risk, subject to those websites’ privacy practices and service terms.

YOU ACKNOWLEDGE THAT ASAP PLUMBING BEARS NO LIABILITY, DIRECT OR INDIRECT, FOR PRODUCTS, SERVICES, CONTENT, RESOURCES, AND/OR INFORMATION AVAILABLE THROUGH EXTERNAL WEBSITES AND/OR THIRD-PARTY INTERACTIONS, OR FOR DAMAGES OR LOSSES ALLEGEDLY CAUSED BY YOUR RELIANCE ON EXTERNAL BUSINESS PRACTICES. References on our Website to external products, services, entities, or individuals don’t constitute ASAP Plumbing’s endorsement or recommendation.

USER CONTRIBUTIONS

Specific Website sections may allow you to submit content, including images, videos, data, text, or messages (“User Content”). You bear complete responsibility for your User Content, which we consider non-confidential and non-proprietary. Therefore, please don’t submit confidential information. We don’t guarantee editing or deletion capabilities for submitted User Content.

By providing User Content, you affirm and guarantee that:

You possess full ownership rights to your User Content or have obtained necessary permissions to grant us usage rights as outlined in this Agreement;
You have satisfied all licensing obligations, fees, and financial requirements related to your User Content usage;
Your User Content doesn’t violate intellectual property, privacy, or other legal rights of third parties;
You waive all moral rights associated with your User Content;
Your User Content contains no false, deceptive, or misleading information;
Your User Content complies with all applicable laws;
Your User Content isn’t defamatory, offensive, threatening, harassing, vulgar, obscene, or privacy-invasive;
No third party compensated you for submitting User Content;
Your User Content excludes third-party website content, contact details, or phone numbers (except your own);
Your User Content contains no malicious software or harmful code;
Your User Content includes no confidential or sensitive information;
Your User Content doesn’t constitute solicitation or advertising.

By submitting User Content, you grant us a permanent, transferable, non-exclusive, worldwide, royalty-free license (with sublicensing rights) to utilize, distribute, reproduce, modify, adapt, publish, translate, display, and perform your User Content in any format or medium for any purpose we determine appropriate.

We may screen or monitor User Content areas but aren’t obligated to do so. We aren’t required to host or distribute User Content and may remove or refuse any submissions. We bear no responsibility for User Content loss or damage. We may disclose your User Content to third parties without confidentiality obligations.

PROHIBITED CONDUCT

We authorize Website usage exclusively for personal, consumer purposes (“Authorized Purposes”). Any usage beyond Authorized Purposes is prohibited and constitutes unauthorized access. All Website rights remain our property.

Unauthorized usage may violate copyright laws. Without written permission, you may not use the Website for:

Public or commercial purposes, including using Content on external sites;
Modifying, displaying, performing, reproducing, or distributing Website elements;
Violating any laws or regulations;
Harassing or stalking individuals;
Impersonating others or misrepresenting affiliations;
Creating conflicts of interest or undermining Website purposes;
Infringing intellectual property or privacy rights;
Disrupting Website operations or connected networks;
Harvesting user contact information;
Using automated data collection methods;
Attempting to bypass security measures or gain unauthorized access.

You agree to indemnify ASAP Plumbing, its officers, employees, directors, and agents from all losses, damages, expenses, attorneys’ fees, costs, awards, fines, claims, and injuries arising from your Website usage, Agreement violations, or infringement of others’ rights. You’re solely responsible for any Agreement violations by you or anyone using your account. We reserve the right to control the defense of matters subject to your indemnification, and you agree to cooperate with our defense.

INTELLECTUAL PROPERTY

Our trademarks, service marks, and logos (“ASAP Marks”) displayed on the Website are our registered and unregistered marks. Other company names and marks may be third-party property (“Third-Party Marks”, collectively with ASAP Marks, “Marks”). This Agreement grants no license to use Marks without our prior written consent. Using Marks in links requires advance written approval. All goodwill from ASAP Marks usage benefits us.

Unless specified otherwise, all Content and its arrangement on the Website is our property or licensed to us. All rights not expressly granted are reserved. Except as permitted by law, reproducing, distributing, modifying, or exploiting copyrighted material requires written consent from the copyright holder.

COPYRIGHT PROTECTION

We respect intellectual property rights and expect the same from you. We maintain procedures for removing infringing content, suspending access for violators, and terminating repeat infringers’ accounts.

Per 17 U.S.C. § 512, we handle copyright infringement claims according to federal law. To report infringement, contact our designated agent:

Legal Department – ASAP Plumbing – 2800 N Central Ave Suite 200, Phoenix, AZ 85004

Your written notice must include:

Your physical or electronic signature;
Identification of the allegedly infringed work;
Precise location of allegedly infringing material;
Your contact information;
Good faith belief statement regarding unauthorized use;
Accuracy statement under penalty of perjury;
Authorization statement to act for copyright owner.

DMCA Counter-Notifications

If we remove your content following a DMCA notice, we’ll notify you. You may submit a counter-notification including:

Your signature;
Identification of removed material and its previous location;
Statement under penalty of perjury regarding mistake or misidentification;
Your contact information and consent to jurisdiction.

Repeat Violations

We reserve discretion to terminate accounts of users subject to repeated infringement notifications.

WARRANTY DISCLAIMER

THE WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND “WITH ALL DEFECTS”, WITH ALL RISK OF USE ON YOU. WE DISCLAIM ALL WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY) REGARDING THE WEBSITE AND CONTENT, INCLUDING MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE, AND NON-INFRINGEMENT WARRANTIES.

WE DON’T WARRANTY THAT THE WEBSITE AND/OR CONTENT WILL SATISFY YOUR NEEDS, OPERATE WITHOUT INTERRUPTION, BE SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DON’T WARRANTY RESULTS FROM WEBSITE USE OR ACCURACY OF INFORMATION OR SERVICES, AND AREN’T RESPONSIBLE FOR THIRD-PARTY PRODUCTS, SERVICES, OR ACTIONS. NO ORAL OR WRITTEN INFORMATION FROM US CREATES WARRANTIES. WE DISCLAIM EQUITABLE INDEMNITIES.

LIABILITY LIMITATIONS

YOU USE THE WEBSITE AND CONTENT AT YOUR OWN RISK. WE’RE NOT LIABLE FOR DAMAGES FROM YOUR DISPLAY, COPYING, DOWNLOADING, OR USE OF WEBSITE MATERIALS OR SERVICES. WE’RE NOT LIABLE FOR INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST DATA, REVENUE, PROFITS, SUBSTITUTE COSTS, OR ECONOMIC LOSSES, EVEN IF WE KNOW SUCH DAMAGES ARE POSSIBLE.

GOVERNING LAW AND EXPORT CONTROLS

We operate the Website from our Phoenix, Arizona headquarters, and portions may not be suitable for use elsewhere. If accessing the Website outside the United States, you’re responsible for local law compliance.

USER FEEDBACK

Any feedback, suggestions, comments, or questions (“Input”) you provide through any communication method becomes non-confidential and non-proprietary. You assign all rights and interests in Input to us, and we may use it for any purpose without attribution or compensation. Where assignment is prohibited, you grant us an exclusive, transferable, worldwide, royalty-free license to use Input as we determine. We’re not obligated to use or implement your Input.

ACCOUNT TERMINATION

To the fullest legal extent, ASAP Plumbing reserves the right to terminate your Website access without notice at our discretion if: (a) your usage violates this Agreement or law; (b) you misuse the Website fraudulently; or (c) technical or business reasons prevent continued service. Your sole remedy for dissatisfaction is to terminate your account and discontinue Website usage.

DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER

This section constitutes a written arbitration agreement under the Federal Arbitration Act. You and ASAP Plumbing agree this section satisfies the Federal Arbitration Act’s writing requirements.

THE FOLLOWING PROVISIONS INCLUDE PRE-DISPUTE RESOLUTION PROCEDURES, BINDING ARBITRATION, MASS ARBITRATION PROCEDURES, AND CLASS ACTION AND JURY TRIAL WAIVERS.

To the maximum legal extent, you and ASAP Plumbing agree that disputes relating to the Website or its usage will be resolved according to these provisions. PLEASE READ CAREFULLY. THIS AFFECTS YOUR LEGAL RIGHTS AND DISPUTE RESOLUTION METHODS. You and ASAP Plumbing agree all disputes shall be resolved through confidential, final, binding arbitration; however, either party may seek court injunctions for intellectual property violations. YOU WAIVE YOUR RIGHT TO COURT LITIGATION BEFORE JUDGES OR JURIES.

Opt-Out Provision

You may opt out of pre-arbitration procedures, binding arbitration, mass arbitration, and class action waivers by sending a signed letter to ASAP Plumbing Customer Relations, 2800 N Central Ave Suite 200, Phoenix, AZ 85004 (“Notice Address”) within thirty (30) days of initially accepting this Agreement. Include: (1) your full name; (2) mailing address; (3) email address; (4) opt-out request. If you opt out following these procedures, all other Agreement terms remain applicable.

Pre-Arbitration Resolution

For any disagreement (“Dispute”) subject to arbitration, you and ASAP Plumbing will first exchange written notice (“Demand”). Send Demands to the Notice Address. ASAP Plumbing will send Demands via certified mail or email. Demands must: (1) seek individual resolution; (2) state complete Dispute basis and date; (3) provide claimant’s full contact information; (4) be personally signed. Within twenty (20) business days of receiving a Demand, either party may request a video or phone conference for good faith resolution attempts. Neither party will initiate legal action until the conference period expires or twenty (20) business days after conference completion. This procedure is mandatory before litigation or arbitration. Limitation periods toll during this process. Courts may enjoin proceedings if requirements aren’t met.

Arbitration Procedures

If Disputes remain unresolved ten (10) business days after the conference (or conference request period), you agree to file arbitration with JAMS under their Comprehensive Rules & Procedures, including Consumer Rules. See https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitrator has exclusive authority over all disputes regarding this Agreement’s interpretation, applicability, enforceability, or formation, except courts may enjoin arbitration if Pre-Arbitration requirements aren’t met.

Arbitration will occur in your residence county or another mutually agreed location. For claims under $10,000, either party may elect telephone/video arbitration or written submissions, binding on both parties unless the arbitrator requires in-person hearings. The arbitrator decides claims under Arizona law and recognized equity principles, honoring privilege claims.

Arbitration awards are confidential, final, and binding. Courts with jurisdiction may enter judgment. JAMS rules govern fee payments.

Class Action Waiver

You and ASAP Plumbing agree to individual claims only, not class or representative actions. Unless both parties agree or Mass Arbitration provisions apply, arbitrators cannot consolidate claims or preside over class proceedings. Arbitrators may only award individual relief. If this arbitration agreement is unenforceable, prohibitions on class actions and non-individualized relief remain severable and apply in any forum. YOU WAIVE RIGHTS TO COMMENCE OR PARTICIPATE IN CLASS ACTIONS.

Mass Arbitration Procedures

If 25+ claimants submit similar Demands meeting National Arbitration & Mediation’s (“NAM”) Mass Filing criteria (see https://www.namadr.com/resources/rules-fees-forms/), NAM will administer claims under their Mass Filing Rules. A Procedural Arbitrator will determine jurisdiction and arbitrability. Counsel will confer regarding procedural modifications. Mass Filing participation may delay resolution. Limitation periods toll during this process.

Stage One: Each side selects 15 claims (30 total) for individual arbitration with different arbitrators. Remaining claims aren’t filed until selected. After completion, parties engage in global mediation with a retired judge (ASAP Plumbing pays mediator fees).

Stage Two: If unresolved, each side selects 20 claims (40 total) for second-stage arbitration. After completion, parties engage in global mediation.

For unresolved claims after Stage Two:

Option One: Either party may opt out of arbitration for court proceedings by certified mail to Notice Address within 30 days (you) or 44 days (us) after Stage Two.

Option Two: If neither opts out, 100 claims proceed in staged arbitration. This repeats until resolution. Counsel should collaborate to streamline proceedings.

Both parties value arbitration integrity for genuine dispute resolution and agree to good faith participation. If provisions are invalid or conflict with NAM rules, remaining provisions apply unless essential purpose fails.

Courts may enforce these provisions and enjoin improper mass filings or fee assessments. If unenforceable, claims proceed under JAMS Mass Arbitration Procedures. If JAMS procedures are also unenforceable, Options One or Two apply.

MISCELLANEOUS PROVISIONS

We prefer addressing non-compliance constructively before enforcement. However, certain violations may result in immediate termination without notice. The Federal Arbitration Act, Arizona law, and applicable federal law govern this Agreement without regard to conflict provisions. Foreign laws and the UN Convention on International Sales and UCITA don’t apply. Disputes are heard in Phoenix, Arizona courts. If provisions conflict with law, they’re interpreted to reflect intent without modifying other terms. Non-enforcement doesn’t constitute waiver. This Agreement supersedes all prior agreements about the Website. Proprietary rights, warranty disclaimers, representations, indemnities, liability limitations, and general provisions survive termination.

CONTACT INFORMATION

For questions about this Agreement or other inquiries, contact us at: privacy@asapplumbingaz.com or Customer Relations, ASAP Plumbing, 2800 N Central Ave Suite 200, Phoenix, AZ 85004.